Uncategorized Category Archives - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Florida Court Discusses Use of Circumstantial Evidence in Auto Accidents

Published on: January 30, 2019 | by Law Offices of Robert Dixon

Car accidents happen daily in Florida and across the United States. If you or someone close to you has been injured in an auto accident that was not your fault, please a contact a seasoned Miami car accident attorney as soon as possible. At the Law Offices of Robert Dixon, we are dedicated to helping South Florida clients obtain the justice and compensation they rightfully deserve.

Establishing Liability After a Car Accident

When it comes to determining fault in an accident, some cases are simple while others are complex. In the vast majority of auto accident cases, the legal concept of ‘negligence’ is used to establish fault. Negligence takes place when an accident is the result of someone failing to use the level of care that an ordinarily prudent person would have used behind the wheel under the same circumstances.

Using Circumstantial Evidence

In a recent car accident case, a Florida court upheld a jury’s decision for a plaintiff who sustained serious injuries after her vehicle was rear-ended by a van while stopped in traffic on a bridge. In this case, the court needed to make a determination about whether the plaintiff’s case wrongly relied on stacking a number of inferences since her evidence was circumstantial. The court held that the plaintiff’s case did not rely on the wrongful or inappropriate stacking of inferences and affirmed the lower court’s decision favoring the plaintiff.

Medication Errors May Cause Serious Harm to Florida Residents

Published on: January 29, 2018 | by Law Offices of Robert Dixon

While medications are used to heal, they also have the potential to cause harm if not properly administered. Unfortunately, medication errors are common both in general practice and in hospitals. If you or someone close to you has been adversely affected by a medication error, you need to speak to a skilled Miami medical malpractice attorney who can assess the merits of your case. At the Law Offices of Robert Dixon, you can rest assured that we are dedicated to examining your case and determining your legal rights and options.

A recent report published in the journal The Consultant Pharmacist highlights the importance of a comprehensive medication review after a patient was prescribed the wrong medication for over 10 years. The case involved a 69-year-old patient with paranoid schizophrenia who was brought to the emergency room following violent behavior against staff at the nursing home facility where he lived. At that time, a transcription error had occurred – a prescription for one drug was deleted, and another drug was added. During a subsequent hospitalization, the error was not discovered, but instead the dose of the wrong medication was increased.

Unfortunately, this story is not unique. Since the year 2000, the United States Food and Drug Administration (FDA) has received more than 95,000 reports of medication errors throughout the country. The FDA defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” Medication errors can happen in a number of ways, including when the wrong medication was prescribed or given, the wrong dosage was given, the wrong directions for use were provided, or a mix of medication was administered that is dangerous when combined.

Tropical Storms and Hurricane-Related Auto Accidents in Florida

Published on: December 28, 2017 | by Law Offices of Robert Dixon

Heavy winds, rain, and flooding that take place during a tropical storm or hurricane in Florida are nothing to take lightly. These weather conditions often lead to serious car accidents that result in long-term injuries and even death. If you or someone close to you has been injured in a weather-related accident in Florida, you need to reach out to a skilled Miami auto accident attorney who can evaluate the facts of your case. You can rest assured that we will advise you on a sensible course of action so that you can get the compensation you deserve for your harm.

Each year, there are 5,870,000 auto accidents across the United States. According to the United States Department of Transportation Federal Highway Administration, approximately 23 percent of those accidents are caused by hazardous weather and poor visibility. This means that over a million crashes a year are weather-related. Weather-related crashes are defined as crashes that take place in adverse weather, such as rain, sleet, snow, fog, severe crosswinds, blowing sand, or slick pavement. The National Highway Traffic Safety Administration found that almost 6,000 people are killed each year and over 445,000 are injured in weather-related crashes on an annual basis.

Tropical storms and hurricanes can create dangerous conditions due to the following factors: poor visibility, decreased traction on road surfaces, lane obstructions, and lane submersions. These factors significantly increase the potential of an accident. When adverse conditions exist, it is the responsibility of each motorist to use additional care behind the wheel. For example, drivers should keep their headlights on and maintain a firm grip on the steering wheel at all times. Drivers should also move slowly and give other drivers plenty of space. Of course, if a motorist is caught in the center of a tropical storm or hurricane, there may be some things that are out of a motorist’s control, no matter how much care and caution that motorist uses.

Negligent Entrustment and Vicarious Liability in Florida

Published on: November 3, 2016 | by Law Offices of Robert Dixon

Car accidents happen all the time in Florida and throughout the United States. In most cases, the owner of the car is the person driving it. But what happens when you loan your car to someone, and they get into an accident? Under Florida law, a vehicle owner may still be liable even though they were not actually behind the wheel at the time of the crash.

Earlier this month, television reality star Blac Chyna’s white BMW hit another car carrying three passengers in Los Angeles. Witnesses say that the driver of the car left the scene immediately after the accident. Blac Chyna, however, wasn’t behind the wheel at the time of the accident. The star had loaned her vehicle to a friend, who was ultimately involved in the hit-and-run.

The plaintiff then named Blac Chyna in a personal injury lawsuit, claiming that as the owner of the vehicle, she should be liable for the damages under the theory of negligent entrustment.

Understanding Florida’s “Move Over” Laws

Published on: November 19, 2014 | by Law Offices of Robert Dixon

After a number of fatal crashes involving emergency vehicles on the shoulder of the highway, the state of Florida decided to take action. Florida has now created a new set of laws with the goal of protecting emergency and assistance personnel when automobiles are on the side of the road.

A number of other states have also launched similar measures to prevent such tragic roadside accidents. According to a nationwide Mason Dixon Poll sponsored by the National Safety Commission, approximately 71 percent of Americans had never heard of ‘move over’ laws. This statistic highlights the need to raise awareness about these laws so that they can be effective in preventing accidents on state roads.

The move over law in Florida requires that when police, ambulance, fire, or other emergency vehicles have their sirens or lights on, all surrounding automobiles on a two-lane or broader roadway slow down to 20 miles per hour and get out of the way as quickly and safely as possible. If the posted speed limit is 25 miles per hour or less on a single-lane road, the driver is required to slow down to five miles per hour. Continue Reading ›

Liability in Rental Car Accidents in Florida – Adams v. Bell Partners

Published on: June 23, 2014 | by Law Offices of Robert Dixon

The use of rental cars is very common in Florida due to the high volume of visitors who travel to the state for business and pleasure every year. The high rate of rental car use also means that rental car accidents are quite common. Unfortunately, Florida laws pertaining to collisions in rented and leased vehicles favor insurance companies and car rental companies as opposed to the car accident victims. If you’ve been injured in a rental car accident then South Florida personal injury attorney Robert Dixon can help.

In Adams v. Bell Partners, the plaintiffs were injured in an automobile accident involving a rental car. The rental car was paid for by the driver’s employer, Bell Partners. Bell Partners had rented the car for their employee to use for business purposes. At the time of the collision, the vehicle was being driven by the employee’s husband. Bell Partners had an express policy that prohibited the use of rental vehicles by anyone other than an employee. Despite this policy, it was known by the employee’s boss that the employee often let her husband drive the rented cars, and he was also listed on the rental policy as a permitted driver.

The plaintiffs sued Bell Partners alleging the employer was liable for the accident since the car was rented in the company’s name. Specifically, the plaintiffs cited the dangerous instrumentality doctrine claiming the employer was vicariously liable for authorizing and paying for the employee to rent and use the vehicle. Bell Partners’s insurance company denied liability citing that company policy forbade the employee’s husband from operating the rented car and they did not have to cover the plaintiff’s damages because the employee’s husband was not an authorized user. Continue Reading ›